EMPLOYERS MAY HAVE TO DETERMINE WHETHER THEY CAN ACCOMMODATE AN EMPLOYEE EVEN IF THE EMPLOYEE IS NOT DISABLED
In Gelfo v. Lockheed Martin Corporation, the California Appellate Court upheld the trial court’s decision that the employee was not “actually” physically disabled. However, the court went on to say that the lower court “erred in failing to determine, as a matter of law, that Lockheed regarded [the employee] as physically disabled” and should have engaged in an informal interactive process aimed at effecting a reasonable accommodation. The court held that employers must provide a necessary and reasonable accommodation to an applicant or an employee whom it regards as physically disabled. The lesson: if the employer thinks an applicant or employee may be disabled, the employer should engage in the interactive process of determining what, if any, accommodation will enable the employee to perform the essential functions of the job.
Original article by Robert E. Nuddleman of Phillip J. Griego & Associates
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